Question juridique clé
Whether the 2003 socio-hotel tariff convention unlawfully included a transfer of LAMal-covered nursing costs.
Solution extraite
The tariff did not, with sufficient likelihood, include a prohibited transfer of nursing costs.
Motifs extraits
The nursing and socio-hotel tariffs were set independently, the canton continued to fund uncovered nursing costs, and the increase over 2002 was not shown to be arbitrary or to conceal a transfer.